Process of Probate : Common Probate Questions

We help hundreds of clients every year Applying for Probate in every case we always try to act on a fixed fee basis. We often get asked lots of questions and set out below are the most frequent questions we get asked on the probate process generally :-

Q.Who Can Apply for probate ?
A. The person who applies for probate is typically, the Executor named in the will. If there is no will, the Deceased will have died Intestate
meaning that the next of kin ( known as the Administrator ) will apply for probate. If you need probate call us now on 0845 269 3571

Q.Do you need probate to sell a house ?
A. Yes. If the Deceased left a property registered in their sole name or had a share in a property, then probate will definitely be required to sell or transfer the title. We offer a fixed fee probate service call us now on 0845 269 3571

Q. Will you need the original will to apply for probate ?
A. Yes the probate registry always requires the original will, when the application is submitted. Only in very exceptional circumstances will a copy of a will be allowed. We have a specialist team that handle difficult cases when issues arise with probate – if you need our help call our probate helpline on 0845 269 3571

Q. How long does probate take on average ?
A. It all depends upon the Deceased persons assets and liabilities. In most cases we can obtain probate within 4-6 weeks however this tends to be in those very straightforward cases when no inheritance tax is due or no property to sell. An average estate takes between 8-12 weeks

Q. How much does probate cost ?
A. We always endeavor to work on a fixed fee. In very straightforward cases we can obtain probate for you for as little as £400 plus vat and court fees

Q. Why do i need probate when there is a will?
A. the probate registry validates the will and in doing so issues a legal document known as a grant of probate, this then enables the executor to collect the Deceased persons assets.>

Q. What is probate?
A. Probate is the legal term given to the process that has to be followed after a persons has died – the probate registry issue a grant of probate if there is a will or a grant of letters of administration when no will exists

Q. Contested probate : do you act in probate disputes
A. yes we do however please see our specialist contested probate website

Q. When there is no will who applies for probate?
A. When no will exists the deceased person has died intestate and typically the next of kin will be the person who applies for a legal document known as grant of letters of administration.

Q. Why use a Solicitor for probate?
A. Using a solicitor carries a number of benefits : quicker, all work is insured, we operate a fixed fee structure, we complete all paperwork while there is no interview at the probate registry

Q. How much is inheritance tax ?
A. The current Inheritance tax threshold is £325,000, however assets that pass between spouses are exempt from Inheritance tax while there are other reliefs that can be claimed our probate helpline on 0845 269 3571 can advise you quickly and easily.

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